Texas 2017 - 85th Regular

Texas House Bill HB1983 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Wray, et al. (Senate Sponsor - Whitmire) H.B. No. 1983
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 4, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1983
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the eligibility of a first responder for workers'
12	6		compensation benefits for post-traumatic stress disorder.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter B, Chapter 504, Labor Code, is
15	9		amended by adding Section 504.019 to read as follows:
16	10		Sec. 504.019. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
17	11		FOR CERTAIN FIRST RESPONDERS. (a) In this section:
18	12		(1) "First responder" means an individual employed by
19	13		a political subdivision of this state who is:
20	14		(A) a peace officer under Article 2.12, Code of
21	15		Criminal Procedure;
22	16		(B) a person licensed under Chapter 773, Health
23	17		and Safety Code, as an emergency care attendant, emergency medical
24	18		technician, emergency medical technician-intermediate, emergency
25	19		medical technician-paramedic, or licensed paramedic; or
26	20		(C) a firefighter subject to certification by the
27	21		Texas Commission on Fire Protection under Chapter 419, Government
28	22		Code, whose principal duties are firefighting and aircraft crash
29	23		and rescue.
30	24		(2) "Post-traumatic stress disorder" means a disorder
31	25		that meets the diagnostic criteria for post-traumatic stress
32	26		disorder specified by the American Psychiatric Association in the
33	27		Diagnostic and Statistical Manual of Mental Disorders, fifth
34	28		edition, or a later edition adopted by the commissioner of workers'
35	29		compensation.
36	30		(b) Post-traumatic stress disorder suffered by a first
37	31		responder is a compensable injury under this subtitle only if it is
38	32		based on a diagnosis that:
39	33		(1) the disorder is caused by an event occurring in the
40	34		course and scope of the first responder's employment; and
41	35		(2) the preponderance of the evidence indicates that
42	36		the event was a substantial contributing factor of the disorder.
43	37		SECTION 2. Section 408.006(b), Labor Code, is amended to
44	38		read as follows:
45	39		(b) Notwithstanding Section 504.019, a [A] mental or
46	40		emotional injury that arises principally from a legitimate
47	41		personnel action, including a transfer, promotion, demotion, or
48	42		termination, is not a compensable injury under this subtitle.
49	43		SECTION 3. The change in law made by this Act applies only
50	44		to a claim for workers' compensation benefits based on a
51	45		compensable injury that occurs on or after the effective date of
52	46		this Act. A claim based on a compensable injury that occurs before
53	47		that date is governed by the law as it existed on the date the
54	48		compensable injury occurred, and the former law is continued in
55	49		effect for that purpose.
56	50		SECTION 4. This Act takes effect September 1, 2017.
57		-	* * * * *
	51	+	______________________________ ______________________________
	52	+	President of the Senate Speaker of the House
	53	+	I certify that H.B. No. 1983 was passed by the House on April
	54	+	28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not
	55	+	voting.
	56	+	______________________________
	57	+	Chief Clerk of the House
	58	+	I certify that H.B. No. 1983 was passed by the Senate on May
	59	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	60	+	______________________________
	61	+	Secretary of the Senate
	62	+	APPROVED: _____________________
	63	+	Date
	64	+	_____________________
	65	+	Governor